Posts in Bach to Business
Surviving Mahler Symphonies and Contract Terminations

At 90 minutes in length, Mahler’s Sixth is a true endurance piece. Consisting of four movements. Performance of a symphony of that length typically leaves orchestra musicians and conductors dripping in sweat as if they had just finished the New York Marathon, rather than played in the New York Philharmonic. Although surviving a symphonic performance or running a marathon frequently is synonymous with accomplishing a huge feat, survival has a different meaning in contracts.

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Orchestra Performances and Basic Honesty Analysis in Rule 10b-5 Cases

Individual orchestra musicians aren’t considered responsible for a musical composition or interpretation, even if the musicians, themselves believe them to be lacking. That responsibility lies with the composer or conductor who created it. The same may not be true with securities. People who relay inaccurate information they did not author now may be held responsible for securities fraud.

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Unintended Consequences of Business Policies

Sometimes, policies also can backfire and create unintended consequences. For instance, in 2014, the Maryland legislature outlawed the sale of high-proof alcohol, only to find out that it had an impact on the violin repair business.

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Business Dissolution–Severing Ties Without Fighting to the Death

Business relationships sometimes need “divorces.” This may occur for several reasons. There can be misconduct by a partner or a falling out among partners. Other times, an owner may want to retire, or the business model may no longer make sense.

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Unfinished Music and “Unfinished” Contracts 

Wolfgang Amadeus Mozart and Franz Schubert both died in Vienna while still in their thirties. Each left an unfinished work which has become a staple in the classical music repertoire. Likewise, contracting parties may leave contracts incomplete or "unfinished."

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Replacing Bow Hair and Contract Provisions

String players may rehair their bows several times a year, because the type, quality, length, and condition of the bow hair impact the sound a violin produces. Sometimes contracts must be amended to replace the original contract language.

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Swapping Violin Bridges and Contract Parties

Despite the bridge’s conspicuous position on the top of the violin and its importance to the sound produced, non-violinists aren’t likely to give it a second glance. The same is true of successors and assigns clauses in contracts. The language isn’t hidden; yet, contracting parties may not even read them before signing the contract.

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